We return to our series pegged around the topic of torture, which made British news headlines in Spring 2021 when Ghislaine Maxwell’s brother, Ian, spoke out against what he felt were torturous conditions in her New York jail. She is apparently being continually observed in a 6x9ft (1.8x2.7m) cell with no natural light and terrible food & water rations…

Previously: How small is too small?

After exploring the question of ‘What is torture?’, we looked at how to decide ‘How small is too small?’ for a jail cell. Ghislaine is in the United States of America (USA), which is not subject to inspections by the UN’s torture inspection committee, which anyway lacks published standards on living space. However, if she was transferred to a European jail, the Council of Europe (CoE) would be able to apply its own torture inspection committee’s living space standards and declare her solitary 4.9m² cell too small. Whether or not such environmental ill-treatment would be deemed to amount to torture would however be a matter of deliberation for judges at the European Court of Human Rights (ECtHR).

So what about her diet?

In his interview Ian Maxwell raised concern about Ghislaine’s food and water:-

The water that is provided through the prison is brown, and the food that she is given is very highly microwaved and basically inedible.

The Nelson Mandela Rules, which are designed to maintain a prisoner’s human rights and dignity, include guidance on nutrition:-

Rule 22:-
1. Every prisoner shall be provided by the prison administration at the usual hours with food of nutritional value adequate for health and strength, of wholesome quality and well prepared and served.

So is this true of Ghislaine’s food?

Her food is described as ‘highly microwaved’. But what does this mean? Mostly microwaved as opposed to boiled or grilled? Or microwaved for too long a period of time? Rather than speculating further as to the meaning behind this ambiguity, let’s inspect known facts.

Microwaving does not necessarily deplete food of its nutritional value. In fact, it can preserve certain vitamins and minerals better than boiling, which causes nutrients to leak into the cooking water. The very nature of a microwave is that it requires only a short period of time to heat food. However, over-cooking even by microwave does start to affect a meal’s nutritional value.

Still, there’s poor food and poorer food. Prisoners around the world have very different meals. Many have to consume unrecognisable soups and stews that are barely sufficient to sustain life, and others have reduced or even completely absent food rations as punishment.

And what about her drinking water?

Rule 22 of the Nelson Mandela Rules also states:-

2. Drinking water shall be available to every prisoner whenever he or she needs it.

But how much water does a human require? The International Committee of the Red Cross’ handbook Water, sanitation, hygiene and habitat in prisons states:-

The strict physiological needs of a human individual may be covered by 3 to 5 litres of drinking water per day. This minimum requirement increases in accordance with the climate and the amount of physical exercise taken.
The minimum amount of drinking water that must be available inside the cells and dormitories is in the order of 2 litres per person per day if the detainees are locked in for periods of up to 16 hours, and 3 to 5 litres per person per day if they are locked in for more than 16 hours or if the climate is hot.

Ghislaine does has ready access to drinking water though it is apparently brown, which of course doesn’t look appetising and may affect its taste. Such discolouration may be due to the corrosion of plumbing leaching lead into the water. However, running the water briefly before use should flush the system. Moreover, in New York City the water is monitored carefully, from delivery from upstate reservoirs to street-side sampling stations, to ensure the the risk of lead poisoning remains low.

Such safeguards do not protect many of our globe’s 11 million prisoners. Little data exists on how many have access to clean drinking water, but it definitely is a problem. In Brazil, for example, Human Rights Watch found that in some prisons water is available for only half an hour in the morning and half an hour in the evening.

What about her access to natural light?

According to her brother, Ghislaine has ‘no natural light’ in her cell. If true, this is a contravention of the Nelson Mandela Rules:-

Rule 13: All accommodation provided for the use of prisoners and in particular all sleeping accommodation shall meet all requirements of health, due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation.
Rule 14: In all places where prisoners are required to live or work:
(a) The windows shall be large enough to enable the prisoners to read or work by natural light and shall be so constructed that they can allow the entrance of fresh air whether or not there is artificial ventilation;

Of course, there are greater and lesser degrees to which thousands of prisoners around the world are deprived of their right to natural light. Some, apparently like Ghislaine, are kept in cells lacking natural light but are allowed outside daily for exercise in the fresh air. This latter fact complies with another Nelson Mandela Rule:-

Rule 23:-
1. Every prisoner who is not employed in outdoor work shall have at least one hour of suitable exercise in the open air daily if the weather permits.

*A prisoner, found in a dark solitary confinement block where we assessed his dental hygiene and general health*

Many others though are kept without natural, or indeed any, light 24/7:-

It’s been my sad duty to visit solitary confinements in many countries across the world. And I can confirm that many regimes still subject human being to darkened solitude. If they weren’t mentally distressed upon entering such environments, then the environment itself soon rectifies this. Why is this still going on in the 21st century?!
(Dr Rachael Pickering,
one of our medical experts)

And what are the likely health consequences?

A diet lacking in fibre can cause constipation, which may be linked to bowel inflammation and even perforation.

A diet with inadequate intake of key vitamins and minerals, can lead to malnutrition. Vitamin deficiencies can cause lethargy, breathlessness, palpitations, reduced vision, gum disease, and muscle wasting to name a few. Vitamin D deficiency, which is caused by dietary deficiency and lack of access to sunlight, may cause various symptoms including bone and muscle pain, difficulty walking, muscle weakness, and increased risk of fractures. It may also impact mental wellbeing, being linked to depression and schizophrenia.

Even without associated vitamin D deficiency, lack of exposure to sunlight may contribute to low mood and fatigue, due to the brain’s reduced production of serotonin and increased production of melatonin.